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This is an archive article published on March 18, 1999

Commission amp; omissions

The Union government, when it appointed Justice D.P. Wadhwa to conduct a one-man inquiry into the gruesome murders of Australian missiona...

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The Union government, when it appointed Justice D.P. Wadhwa to conduct a one-man inquiry into the gruesome murders of Australian missionary Graham Staines and his two sons, did so with a specific objective. Minister of Home L.K. Advani had even explained that given the sense of insecurity among Christians, 8220;we thought it necessary to have an objective judicial inquiry into the matter8221;.

Which was well and good. What was also commendable was a sense of urgency displayed at that juncture. The Commission, duly constituted on January 29 8212; a day after a three-member government team had visited the scene of the murders and made its submissions 8212; was told to submit its report 8220;as soon as possible, but not later than two months8221;. This deadline will have expired within ten days but the nation is still in the dark about the circumstances behind the horrendous incident that had taken place in Orissa8217;s Keonjhar district on the night of January 22. From all appearances, it will continue to remain in the dark on thecase for some time to come.

Justice Wadhwa had expressed his displeasure in no uncertain terms over being denied the facilities that a sitting judge is entitled to when given the responsibility of conducting an inquiry of public concern. He has, subsequently, been sanctioned a staff of 29 and 10 furnished rooms in Delhi8217;s Vigyan Bhavan Annexe 8212; facilities on a par with those enjoyed by Justice M.C. Jain, who had inquired into the circumstances of the Rajiv Gandhi assassination. To be fair to Justice Wadhwa, this is not the first time that he felt constrained to speak his mind out on the matter.

On February 18, he had pointedly stated that neither in Bhubaneshwar nor in New Delhi had he been provided with the necessary infrastructure to do the job. He has now asked for a proper investigating team and a nodal officer, not less than the rank of joint secretary, who can liaise between him and the governments at the Central and state levels. These demands too must be met. Justice Wadhwa should be given everysupport that will make him more confident of achieving his appointed task.

This assumes even more urgency given the sporadic incidents of communal tension that have resurfaced in Orissa. On March 15, Hindu and Christian tribals clashed in Orissa8217;s Gajapati district, resulting in several being injured and at least 12 hutments being set on fire. While the Staines8217; murders occurred in a region quite removed from the more recent scene of violence, an effective inquiry into it would provide the State with valuable insights on how to address these disturbing conflagrations. British jurist Sir Cyril Salmon had once observed that in all countries moments occur that cause a nation-wide crisis of confidence in the integrity of public life.

8220;When it does,8221; he said, 8220;it is essential that public confidence should be restored for without it no democracy can long survive.8221; The Keonjhar murders constituted one such moment. This is precisely why Wadhwa8217;s inquiry assumes such importance.

 

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